Rechtsidee
RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshophy of Law, and Human Rights are particularly welcome.
Articles
169 Documents
<![CDATA[Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context ]]>
<![CDATA[Rifqi Ridlo Phahlevy]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.103
<![CDATA[Birth of Special Region Nanggroe Aceh Darussalam based on Law No. 18/2001 on Special Autonomy for Aceh as Nanggroe Aceh Darussalam that changed through Law No. 11 of 2006 on the Governing of Aceh is an attempt to realize a democratic government and prosperous (welfare state). The implication of the birth of NAD is the application of Islamic law as a tool of law and governance NAD, which also puts the Shariah Court as the main pillar of Islamic sharia enforcement in NAD. The existence of the Shariah Court as an instrument of law enforcement in NAD institutionally and functionally problematic. The first, related to the position of the Shariah Court that institutionally a part of the religious court, but has a broader scope of authority. Second, related to aspects of Islamic sharia holding capacity is possible to be imposed on non-Muslims, were both these problems can ultimately hurt the Unitary Republic of Indonesia principles and protection of human rights. How To Cite: Phahlevy, R. (2014). Aceh Shariah Court in The Unitary State of the Republic of Indonesia and Human Rights Context. Rechtsidee, 1(1), 71-84. doi:http://dx.doi.org/10.21070/jihr.v1i1.103]]>
<![CDATA[Human Rights Arrangement on Indonesian Law ]]>
<![CDATA[S Masribut Sardol]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.105
<![CDATA[Article 1 paragraph (3) of the Constitution of 1945 (UUD 1945) stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President) that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J), have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011.]]>
<![CDATA[Freedom of the Press In the Scope of Human Rights ]]>
<![CDATA[Sri Ayu Astuti]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.96
<![CDATA[Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights.]]>
<![CDATA[Strategic Step for Environmental Rescue: A Theoretical Legal Studies ]]>
<![CDATA[Bambang Sutrisno]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.98
<![CDATA[Indonesia is among the developing countries that are struggling to develop in the field of industrial development. The logical consequence of any development process, especially industrial development is the emergence of associated impacts that greatly affect the durability and sustainability of the environment. Developing the equitable industry in order to create public welfare is important. However, maintaining the security and preservation of the environment is also very important, because it is only with the availability of a good environment and healthy living that human beings can perform daily living. The availability of good and healthy environment is the constitutional responsibility of the government, as well as part of the human rights of all citizens which must be given by the State. Efforts to create a good environment and healthy living will be effective if controlled by State government and institutions who understand the objective conditions on the ground. In this regard, the granting of the authority on environmental control to regional government autonomously is the right, very smart policy choice. How To Cite: Sutrisno, B. (2014). Strategic Step for Environmental Rescue: A Theoretical Legal Studies. Rechtsidee, 1(1), 27-58. doi:http://dx.doi.org/10.21070/jihr.v1i1.98]]>
<![CDATA[Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010 ]]>
<![CDATA[Sri Budi Purwaningsih]]>
<![CDATA[ Rechtsidee Vol 1 No 1 (2014): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v1i1.99
<![CDATA[The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2014). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99]]>
<![CDATA[The Problems of Compensation Employement Termination Due to Covid-19 ]]>
<![CDATA[Betty Yunita Setyorini]]>
<![CDATA[ Rechtsidee Vol 9 (2021): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v9i0.718
<![CDATA[This study aims to answer employers dilemma during the Covid-19 pandemic to carry out labor efficiency by termination of work. The Cipta Kerja regulation number 11 of 2020 which is complemented by Government Regulation number 35 of 2021, as a normative basis for providing compensation for layoffs is considered a sufficiently mitigating solution when compared to previous labor legislation. However, what about the company's financial condition is not sufficient to provide compensation in accordance with the normative provisions of the legislation. To overcome this problem, an agreement is made between the employer and the workforce so that they can get a solution together. The agreement must also be registered with the Industrial Relations Court to protect the parties having an interest in it. Therefore, in writing this article, the Juridical Normative writing method is used, which analyzes cases based on applicable laws and regulations, analyzes legal concepts and qualitative descriptive methods.]]>
<![CDATA[Law on Asset Recovery for Corruption in Indonesia: An Urgent Need ]]>
<![CDATA[Sekar Langit Jatu Pamungkas]]>;
<![CDATA[Kuswardani]]>
<![CDATA[ Rechtsidee Vol 9 (2021): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v9i0.762
<![CDATA[Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption.]]>
<![CDATA[The Business Permits in Gampong Beurawe Aceh: The Existence of the Current Aceh Qanun: Izin Usaha di Gampong Beurawe Aceh: Eksistensi Qanun Aceh saat ini ]]>
<![CDATA[Widoretno Putri, Citraresmi]]>
<![CDATA[ Rechtsidee Vol. 10 No. 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v10i0.772
<![CDATA[The purpose of this study is to examine the existence of Qanun related to the issuance of business licenses regarding government entertainment and games in Gampong Regulations. in Gampong Beurawe in the city of Banda Aceh related to Islamic principles. The research method is normative law by using a statutory-regulatory approach and a comparative approach. It was found that the Province of Nanggroe Aceh Darussalam with Islamic law was able to change a concept of behavioral power that had grown self-awareness through religious norms into a concept of behavioral power that could be imposed from outside humans with legal norms in the form of Qanun which were equivalent to Regional Regulations. This gave birth to Gampong Beurawe as Gampong Syariah. Law Number 11 of 2020 to Government Regulation of the Republic of Indonesia Number 6 of 2021 is one of the supervisory systems from the center for regions related to the issuance of business permits in the Regions electronically. The existence of government regulations makes it easier to control business licensing that is not in accordance with the concept of Islamic law and practices related to other licensing.]]>
<![CDATA[Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations: Mendudukkan Norma Etika: Perspektif Teori Keadilan Bermartabat terhadap Relasi Etika dan Hukum ]]>
<![CDATA[Disantara, Fradhana Putra]]>;
<![CDATA[Anggono, Bayu Dwi]]>;
<![CDATA[Efendi, Aan]]>
<![CDATA[ Rechtsidee Vol. 10 No. 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v10i0.773
<![CDATA[The relationship between ethical norms and legal norms is different for experts, especially concerning their position. Moreover, legal norms seem to be superior to ethical norms. This study aims to analyze the position of ethical norms and legal norms. The dignified justice theory was chosen because it seeks to orient the divine and human aspects, which can only be fulfilled if ethical and legal norms synergize. This research is juridical-normative research. The juridical-normative research was chosen because it confirms the existence of ethical norms and legal norms as part of the system of norms prevailing in society. The study's results confirm that, in practice, legal court decisions are often considered higher and more authoritative than ethical court decisions. This has implications for the position of ethical norms that are considered inferior to legal norms. Furthermore, the theory of dignified justice seeks to see the relationship between ethical norms and legal norms as different norms, but in its implementation in society, the two norms must synergize and complement each other.]]>
<![CDATA[The Breaking Down Political Corruption: The Urgency of Progressive Law Enforcement ]]>
<![CDATA[Abdul Wahid]]>
<![CDATA[ Rechtsidee Vol 9 (2021): December ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Sidoarjo ]]>
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DOI: 10.21070/jihr.v9i0.774
<![CDATA[Political corruption is one of the legal phenomena in the form of corruption carried out by involving political actors or power actors. Political corruption is a phenomenon that occurs in almost all parts of the world and is a global problem. This study aims to explore the value and substance of progressive law as a solution in dealing with political corruption in Indonesia. This research is a normative legal research. This research specifically prioritizes socio-legal aspects, namely non-legal aspects that can enlighten and clarify the description of problems in political corruption. The legal materials used are primary legal materials which include: the Corruption Law, the Amendment to the Corruption Crime Act, and the UNCAC ratification law. Secondary legal materials include the results of studies and research on political corruption in Indonesia, and non-legal materials include various non-legal studies and analyzes related to political corruption that support this research. The approach used is a statutory approach as well as a conceptual approach. The results of the study confirm that the urgency of progressive law in breaking down political corruption needs to be carried out because the orientation of progressive law does not only focus on rules, but also emphasizes behavioral aspects. The orientation and formulation of progressive law in breaking down political corruption is to emphasize the behavioral dimension in the form of leadership and professionalism in terms of substance, structure, and legal culture.]]>
